Supreme Court of India
Digital Supreme Court Reports
The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
Home
Full Text

SUKANYA HOLDINGS PVT. LTD vs. JAYESH H. PANDYA AND ANR.

SCR Citation: [2003] 3 S.C.R. 558
Year/Volume: 2003/ Volume 3
Date of Judgment: 14 April 2003
Petitioner: SUKANYA HOLDINGS PVT. LTD
Disposal Nature: Appeal Dismissed
Neutral Citation: 2003 INSC 230
Judgment Delivered by: Hon'ble Mr. Justice M.B. Shah
Respondent: JAYESH H. PANDYA AND ANR.
Case Type: CIVIL APPEAL /1174/2002
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act. I 996-Section 8-Power to refer parties

to arbitration where there is an arbitration agreement-Dissolution of

partnership--Suit for dissolution by one-Arbitration petition by other-

Dismissal of petition by High Court-Justification of-Held: Order of High

Court does not call for any interference since Arbitration Act does not oust

the jurisdiction of Civil Court to decide the dispute in a case where parties to

arbitration agreement do not take appropriate steps under Section 8(1) and

(2)-Section 8 does not apply when suit is commenced as to a matter which

lies outside the arbitration agreement and is also between some of the parties

who are not parties to arbitration agreement-Also bifurcation of subject

matter to the action is not allowed and Section 89 cannot be resorted to for

interpreting Section 8--Code of Civil Procedure, I 908, Section 89.

Words and Phrases:

"A matter"-Meaning of in the context of Section 8 of the Arbitration

and Conciliation Act, 1996.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Arbitration and Conciliation Act. 1996
5. Equivalent citation
    Citation(s) 2003 AIR 2252 = 2003 (5) SCC 531 = 2003 (5) Suppl. SCC 531 = 2003 (4) JT 58 = 2003 (4) Suppl. JT 58 = 2003 (4) SCALE 7